CLA-2-84:OT:RR:NC:1:120
Ms. Michelle Wong
Avon Products Inc.
1251 Avenue of the Americas
New York, NY 10020-1196
RE: The tariff classification of a digital photo frame from China.
Dear Ms. Wong:
In your letter dated May 13, 2008, you requested a tariff classification ruling. The sample submitted with your ruling request will be returned to you.
The merchandise under consideration is the Cyber Gear Digital Photo Frame. It is used to store and view digital photos transferred from a computer by means of its built-in mini-B USB (universal serial bus) connection. This device can hold up to 107 images in BMP and JPG formats. The Digital Photo Frame is made of plastic and measures approximately 3.5 inches long by 2.5 inches wide by .75 inches deep and features an embedded 1.25 inch by 1.5 inch LCD display screen. Situated above the display screen are a “Power/Menu” button, an “Up” button, and a “Down” button. The power/menu button turns the Photo Frame on and off and accesses its main menu, while the up and down buttons allow the user to scroll through the photos saved on the device as well as adjust the slideshow, date/time, and various display settings. On the back of the unit is a battery compartment that houses 2 “AAA” batteries. The Digital Photo Frame has a flat base that allows it to be placed on a desk or any flat surface, and also comes with a separate detachable frame stand for displaying the device on a flat surface.
The Digital Photo Frame is packaged for retail sale in a plastic blister pack with a type A to mini-B USB cable, the frame stand, three decorative plastic face plates, and an instruction manual. As imported, the Digital Photo Frame, USB cable, stand, face plates, and manual meet the definition of “goods put up in sets for retail sale.” As per General Rule of Interpretation (GRI) 3(b), classification is determined by the components, or components taken together, which confer upon the set as a whole its essential character. The Digital Photo Frame clearly provides the essential character of the set.
The applicable subheading for the Cyber Gear Digital Photo Frame set will be 8471.70.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Automatic data processing machines and units thereof…: Storage units: Other storage units: Other.” The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Denise Faingar at 646-733-3010.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division